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Administrative law concerns decisions and actions by public bodies. In Kiambu, this can include county decisions about development permission, business permits, county charges, public employment, or service delivery, as well as national-agency decisions affecting people in the county.
Some disputes can be addressed through an internal review or a statutory appeal; others may require a complaint to an oversight body or a court application. The correct route depends on the decision-maker, the law governing the decision, and any applicable deadlines.
Consider legal advice if a public body has made a decision affecting your rights or interests and you need to understand the reasons, challenge the process, or meet a deadline. Common Kiambu situations include:
The Constitution of Kenya, 2010, in force since 27 August 2010, protects the right to administrative action that is lawful, reasonable, and procedurally fair. Article 47 also provides for written reasons where a right or fundamental freedom has been adversely affected.
The Fair Administrative Action Act, 2015 gives effect to Article 47. It sets standards for fair decision-making and provides for review by courts or tribunals, while generally requiring available internal appeal or review processes to be used first.
The Physical and Land Use Planning Act, 2019, which commenced on 5 August 2019, governs physical and land-use planning, including development permission. It provides statutory procedures and appeal routes for relevant planning decisions; the applicable route should be checked against the decision and current rules.
It covers how public bodies make and implement decisions, including county decisions and decisions by national authorities operating in the county. It also concerns the procedures and remedies available when a decision is unlawful, unfair, or unreasonable.
Not every dispute requires a lawyer, and some bodies provide an internal review or appeal process. Legal advice can help identify the correct route, preserve evidence, and avoid missing a deadline, especially where a court application may be needed.
Often, the relevant department’s review or a statutory appeal must be considered before court proceedings. A court may allow an exemption in appropriate circumstances, so get advice promptly if the internal route is unavailable, ineffective, or urgent.
Deadlines depend on the decision and the remedy sought. For example, the six-month limit under Order 53 of the Civil Procedure Rules applies to certain applications to quash decisions, but it is not a universal deadline for every administrative claim.
Yes. Article 47 of the Constitution provides for written reasons when administrative action adversely affects a right or fundamental freedom. Make the request in writing, identify the decision, and keep proof of delivery.
Yes. A lawyer can review the county’s decision, the application record, planning requirements, and any available statutory appeal route under the Physical and Land Use Planning Act. Act quickly because an appeal may have a specific time limit.
Fees vary with the work involved, such as a written demand, internal appeal, tribunal matter, or court case. Ask for a written fee estimate and scope of work; advocates’ fees are governed by the applicable Advocates Remuneration Order and related rules.
A person or organisation directly affected may have grounds to seek review, depending on the law and remedy involved. A lawyer can assess standing, evidence of the impact, and whether another party should be included.
Potential remedies depend on the type of decision and the applicable employment and public-service procedures. Check any internal appeal or grievance process and obtain advice before signing a settlement or allowing a deadline to pass.
Keep the decision letter, application forms, receipts, notices, emails, meeting records, and proof of when documents were received or sent. A dated written record of calls and visits can also help establish what happened.
No. The Commission on Administrative Justice can receive complaints about maladministration and access to information, while court proceedings seek remedies under the relevant law. A complaint may not replace a statutory appeal or stop a court deadline.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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